REGISTRY FUND - DEPOSITS OTHER THAN UNCLAIMED FUNDS
U.S. Bankruptcy Court for the Northern District of Florida
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(A) Whenever a party seeks a Court order for money to be deposited by the Clerk in an interest-bearing account or investment, the party shall file with the Clerk’s Office a motion and submit a proposed order. (B) If the Court issues the order, the Clerk is authorized and directed to deduct from the income earned on the deposit a fee not to exceed that authorized by the Judicial Conference of the United States and set by the Director of the Administrative Office of the U.S. Courts in accordance with the schedule which shall be published periodically by the Director in the Federal Register. This fee shall apply to all registry fund investments regardless of the nature of the case underlying the investment at the conclusion of the case. Note: See Standing and Administrative Orders, available online, regarding procedures, fee information, and tax administration policies specific to registry funds.
Advisory Committee Notes 2023 Amendment The amended rule includes stylistic changes to clarify the scope of the rule and refer to applicable forms and the Local Rules Links page that provides links to various Official Forms and Local Forms. At the time of this amendment, the applicable Standing Order governing registry funds is Amended Standing Order No. 21. 2020 Amendment The amended rule includes only stylistic changes. The format of subdivisions is changed to maintain a consistent style across all rules.
An advisory note has been added directing parties to current information located on the Court’s website for registry-fund policies. 84 RULE 9001-1 GENERAL DEFINITIONS The definitions of words and phrases in §§ 101, 902, 1101, and 1502 of the Bankruptcy Code, and the rules of construction in § 102, shall also apply in these rules. The following words and phrases used in these rules have the meaning indicated: (A) “CM/ECF” means the court’s online case management and electronic filing system. (B) “Electronic Filing User” means an attorney or other entity given a Court- issued login and password, who is thereby given authority to file papers through CM/ECF.
As set forth in Local Rule 1001-2(h), Electronic Filing Users are deemed to have consented to electronic service via CM/ECF. (C) “Electronic Transmission” or “Email” means delivery through electronic communication of papers to be filed with the Court or to be served on creditors or other parties in interest. (D) “File” or “Filed” means the legal receipt of documents by the Court; by paper, acknowledged by date stamp affixed to the paper by the Clerk or Judge; or by electronic transmission, acknowledged by the date verified by CM/ECF. (E) “Electronic Means” or “Electronic Methods” means a non-paper system of delivering documents to and from the Court and to and from attorneys and other parties, the original form of which may also be electronic.
Such systems include the use of facsimile machines, Internet email systems, and CM/ECF. (F) “Notice of Electronic Filing” means an electronic document produced by CM/ECF that certifies each filing with the Court. Advisory Committee Notes 2023 No changes were made to this Local Rule in the 2023 revision cycle. 85 2020 Amendment This new rule is intended as a parallel to Bankruptcy Rule 9001 to clarify that these rules employ the same conventions and definitions generally applicable in the Federal Rules of Bankruptcy Procedure.
Additional subdivisions are added to define terms applicable to electronic filing.